A felony and a misdemeanor are both criminal offenses, however, they are differentiated by the severity of the crime. A felony is usually a more serious crime where as a misdemeanor is a more minor offense. Prison time for a felony may be for many years. Misdemeanours do not always include prison time.

Individuals accused of committing a crime have a series of rights which are guaranteed by the U.S. Constitution. The following checklist of rights may also provide to you with guidance:

You have a right to remain silent: If you were accused of a crime, you have a right to remain silent. Therefore ensuring that you cannot be forced to disclose any information or prove your case to the police. If you attempted to remain silent in the face of police questioning and were pressured or forced into speaking, your rights have been violated.

You have a right to an attorney: If you are under arrest for a crime, you have the right to have an attorney present during the first and any subsequent talks with the police. (You also have a right to have counsel from any attorney during any trial). Your rights are violated if the police denied your request for an attorney during questioning.

You have a right to request for an attorney at later during questioning: At times, a criminal suspect may have false confidence that they can handle the matter without the assistance of an attorney. If the suspect decides to answer police questions without an attorney, they still possess the right to ask for an attorney at a later point. Once he or she asks for an attorney, all questioning must stop until the attorney arrives.

You are entitled to a state-paid and appointed attorney if you cannot afford your own: If you cannot afford to hire an attorney, you are entitled to a state paid attorney, or a public defender will be assigned to represent you.

You have entitled to human treatment: Any criminal suspect is entitled to fair treatment, no matter how heinous the alleged crime is. If you were not treated humanely, for instance if you were beaten or deprived food either during police questioning or while in a holding cell, your rights may have been violated.

You cannot be held unfairly: The government cannot hold you for an extended period of time without charging you for a crime. If you have been held without being charged for longer than the legal period of time, your rights may have been violated.

You cannot be treated as guilty before you are convicted: A criminal suspect held in jail cannot be treated as a guilty individual no matter how strong the evidence. The U.S criminal justice system states that all people are innocent until proven guilty. Therefore, if you have been punished or treated unfairly while awaiting trial, your rights may have been violated.

You are entitled to speedy trial: Once you are charged, the government cannot purposefully wait to commence a trial against you. If this happens, your rights have been violated.

Speak to the criminal defense attorneys at The Law Office of Reuven J. Epstein

Law Office of Reuven J. Epstein

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